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The cases that could shape Australia’s free speech future
The Human Rights Law Alliance (HRLA) is Australia's only religious freedom charitable law firm defending the fundamental freedoms of Australians, particularly the right to live and speak the truth faithfully without fear of discrimination or legal retribution.
By defending individuals and organisations and winning landmark precedents in court, the HRLA aims to preserve the rights of all Australians to freedom of religion, speech, and conscience, ensuring these essential rights remain protected for future generations.
As we approach the year's end, we wanted to provide you with an update on two of our important cases.
Dr Jereth Kok
More than five years ago, Dr Jereth Kok was suspended by the Medical Board of Australia for private social media posts expressing his political and religious views. In that time, he’s been unable to work in his chosen profession and has had to retrain in other work in order to provide for his young family.
HRLA worked hard to prepare Jereth's legal defence and engaged a team of top barristers.
After a five-day hearing at the Victorian Civil and Administrative Tribunal (VCAT), closing arguments have been submitted by both sides, and we now await a decision early next year.
Needless to say, this has been an extremely distressing and uncertain few years for Jereth and his family. However, this case is about more than one doctor’s right to free speech. It is about the right of all professionals to share their beliefs in their private lives without fear of censorship or of losing their career. It’s about protecting ordinary Australians from overreach into their personal lives by an ideological employer or regulatory authority.
As Jereth’s barrister Stephen Moloney stated:
This is probably one of the most important cases that has ever been put to the Tribunal in the last 30 years. It goes to the democratic right of any practitioner in the State of Victoria to speak about matters of conscience, religion and medical practice in the public square.
HRLA is proud to represent Jereth as he defends his rights to free speech, conscience and religion, and we thank him for his courage and fortitude.
Chris Elston (Billboard Chris)
When Chris Elston used X (formerly Twitter) to criticise the appointment of a transgender activist to a WHO expert panel drafting guideline for the care of transgender-identifying people including children, his post was censored by Australia’s eSafety Commissioner.
As a concerned father, Chris wanted to inform others that children struggling with gender dysphoria deserve better than biased guidelines intended to push them in one direction. When the tweet was removed, Chris decided to appeal the decision, which will be heard in the Administrative Appeals Tribunal in early 2025.
X, owned by entrepreneur Elon Musk, is also challenging the decision.
John Steenhof, Principal Lawyer at HRLA has commented on the significance of this case, saying that it “will be an important test for free speech in Australia”.
The fight for freedom of speech in Australia is at a crossroads.
Cases like Dr Jereth Kok’s and Chris Elston’s demonstrate how vulnerable our basic rights have become when censorship and professional penalties are used to silence unpopular opinions.
These cases go far beyond these courageous individuals – they are a test of the fundamental principles that uphold our free and democratic society.
With your support, HRLA is leading the charge to defend these fundamental freedoms, ensuring that the rights to speak the truth openly and challenge prevailing ideas are defended and upheld. The outcomes of these cases will set crucial precedents that will protect the freedoms of generations to come.
HRLA is committed to ensuring that we create lasting precedents that will secure the foundation of our democracy for years ahead.
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